The Observatory for the Protection of Human Rights Defenders, a
partnership of FIDH and the World Organisation Against Torture (OMCT), has
received new information and requests your urgent intervention in the
following situation in Equatorial Guinea.

New information:

The Observatory has been informed by reliable sources about the ongoing
arbitrary detention and judicial harassment of Mr. Nsé
Ramón Esono Ebalé (aka Jamón y
Queso), cartoonist and blogger[1]. Mr. Esono Ebalé published a graphic novel entitled
“Obi’s nightmare”[2] in which he depicts President Teodoro Obiang Nguema Mbasogo
spending a day living as an ordinary Guinean citizen and suffering the
consequences of the regime he himself has created. The cartoons especially
criticise the lack of access to electricity, healthcare, education and the
restriction to freedom of expression in the country.

According to the information received, on February 27, 2018, Mr. Esono
will appear before the Court of Malabo Province (Audiencia Provincial de
Malabo) under trumped-up charges of “engaging in counterfeit” of
1,000,000 Francs CFAs (approx. 1,525 Euros) on the basis of Article 283 of
the Criminal Code and Article 384 of the Law on Criminal Procedure. If
convicted, he could face up to 40 years in prison.

The Observatory recalls that Mr. Esono Ebalé has been arbitrarily
detained at the Black Beach prison since September 20, 2017, following his
arrest on September 16, 2017 (see background information).

The Observatory denounces the ongoing arbitrary detention and judicial
harassment of Mr. Esono Ebalé, which appear to be a retaliation of
his legitimate human rights activities, and constitute a clear breach of his
freedom of expression.

The Observatory urges Equatoguinean authorities to uphold Mr. Esono
Ebalé’s right to a fair trial and calls on them to immediately
and unconditionally release him. In the meantime, the Observatory further
urges Equatoguinean authorities to guarantee his safety and physical and
psychological integrity.

Background information:

On September 16, 2017, at around 7:00 pm, Mr. Esono Ebalé and two
Spanish nationals were arrested by state security guards when leaving a
restaurant in Malabo. The security guards have reportedly been waiting for
them for hours outside the restaurant. They were taken for questioning at
the Office of Counter-Terrorism and Dangerous Activities at the Malabo
Central Police Station.

The two Spanish nationals were released on the same day, and reported that
Mr. Esono Ebalé had been questioned about his drawings of President
Obiang, and about a number of cartoons, which the police called
defamatory. All the police questions were related to Ramon’s drawings
of the President and government officials.

On September 19, 2017, the national television announced that Mr. Esono
Ebalé had been arrested and accused by the police of money laundering
and currency counterfeiting, crimes that can lead to a 40-year prison
sentence.

On September 20, 2017 a judge ordered the provisional detention of Mr.
Esono Ebalé and his transfer to Black Beach prison.

On December 7, 2017, Mr. Esono Ebalé was notified that he would
have to appear before the Malabo Court on that same day. Mr. Esono
Ebalé’s father called the lawyers to inform them. As the
judicial year had ended on November 30, 2017, two of his lawyers were out of
town and could not attend the hearing.

During the hearing, Mr. Esono Ebalé was formally charged with
“engaging in counterfeit”. Additionally, the judge confirmed Mr.
Esono Ebalé’s detention pending trial and ordered him to pay
20,000,000 Francs CFAs (approx. 30,490 Euros) as surety for any future
liabilities. The judge also ordered the seizure of all assets owned by Mr.
Esono Ebalé in the country.

ii.
Put an end to all forms of harassment, including at the judicial level,
against Mr. Esono Ebalé, as well as all human rights defenders in
Equatorial Guinea;

iii. In
the meantime, guarantee Mr. Esono Ebalé’s right to a fair
trial;

iv.
Guarantee in all circumstances the physical and psychological integrity of
Mr. Esono Ebalé, as well as all human rights defenders in Equatorial
Guinea;

v.
Comply with the provisions of the United Nations Declaration on Human Rights
Defenders adopted by the UN General Assembly on December 9, 1998, in
particular Articles 1 and 12.2;

vi.
More generally, ensure in all circumstances the respect for human rights and
fundamental freedoms in accordance with international human rights standards
and instruments ratified by Equatorial Guinea.

Addresses:

· Mr. Teodoro Obiang
Nguema Mbasogo, President of the Republic of Equatorial Guinea;

· Mr. Teodoro Nguema Obiang
Mangue, Vice President of the Republic, in charge of national defence and
state security;

Please also write to the diplomatic representations of Equatorial Guinea
in your respective country.

***

Paris-Geneva, February 23, 2018

Kindly inform us of any action undertaken, quoting the code of this appeal
in your reply.

The Observatory for the Protection of Human Rights Defenders (the
Observatory) was created in 1997 by FIDH and OMCT The objective of this
programme is to intervene to prevent or remedy situations of repression
against human rights defenders. FIDH and OMCT are both members of
ProtectDefenders.eu, the European Union Human Rights Defenders Mechanism
implemented by international civil society.